probate
probate — noun
1. the official court procedure that checks whether a dead person's will meets lega
the official court procedure that checks whether a dead person's will meets legal requirements and therefore takes effect as a valid instruction for handling their property and belongings.
Tamar's lawyer applied for probate of her father's will a week after the funeral.
applied for probate of + will
Without probate, the bank would not release the money in Mr. Okafor's accounts.
without probate
The probate process took nearly eight months because two relatives challenged the will.
After the court granted probate, the executor began selling the house.
- grant of probate
the official court document that results from probate, often used interchangeably in legal contexts
- letters of administration
the equivalent document when someone dies without a valid will
文法句型
probate of [a will]
grant probate
apply for probate
用法筆記
Subject is usually the will, the executor, or a court. Frequently occurs in passive constructions such as 'probate was granted'. Distinguish from noun sense 2: this sense concerns the legal procedure itself, not the tax.
常見錯誤
2. a government charge on the money, belongings, or land that a person receives whe
a government charge on the money, belongings, or land that a person receives when someone dies and passes those items to them.
Felipe had to pay probate on his grandmother's flat before he could rent it out.
pay probate on + property
The solicitor explained that the cottage fell below the probate threshold, so no tax was due.
probate threshold
Many families struggle with the probate bill while they are still grieving.
Karim's accountant found a legal way to reduce the probate his children would have to pay.
- inheritance tax
modern term for the same levy; more widely understood outside legal circles
- estate duty
older British term for the same charge, still used in some Commonwealth countries
文法句型
pay probate [on something]
probate tax
用法筆記
More common in British English than American. In modern UK usage this sense often overlaps with 'inheritance tax', though historically 'probate' was the official name of the duty. Distinguish from noun sense 1: this sense is about the payment; sense 1 is about the legal procedure.
常見錯誤
probate — verb
1. to present a dead person's will to a court so that the court can examine it, con
to present a dead person's will to a court so that the court can examine it, confirm it was signed properly, and declare it a valid legal document for distributing the person's belongings.
The executor must probate the will within thirty days of the testator's death.
probate + the will
Yumi's will was probated in a district court in Tokyo last November.
passive: was probated
If no one probates the will, the estate may be divided according to the state's default rules.
Charlotte's handwritten will had to be probated with two witnesses present in court.
- validate a will
more general; every layperson understands this
- prove a will
the older British expression; 'proved' is still used in UK probate practice instead of 'probated'
文法句型
probate + [a will]
be probated
用法筆記
Subject is typically the executor named in the will. Frequently passive (the will is probated). In British English the noun probate is more common than the verb; in American legal practice the verb is routine. Distinguish from the noun senses: the verb names the action, not the procedure or the tax.